Mombasa: Man seeking Ksh.308K compensation for illegal termination awarded Ksh.1,200

A man in Mombasa County has been awarded Ksh.1,200 by the Employment and Labour Relations Court in a case where he had sued his employer over illegal termination.

In the case filed in 2019 through the ​​Kenya Union of Domestic, Hotels Educational Institutions and Hospital Workers, Joel Tipapa Nolpoor sued St. Bakhita Girls Rescue Home, demanding Ksh.308,652 as compensation.

 Nolpoor claimed the school employed him as a day security guard on June 6, 2018, only to terminate him after a year. 

According to him, the termination was done without a valid reason and warning. He further states that there was no adverse warning during the employment period.

 “On May 10, 2019, the respondent issued a new letter of employment for the same one [1] year tenure but omitted the gratuity in the earlier letter,” Nation quoted Nolpoor as telling Justice Byram Ongaya.

He further told the court that he applied for renewal of the contract after expiry on May 31, 2019, to which the school refused. 

He was seeking Ksh.35,145.80 one-month salary in lieu of termination notice and annual leave for one year, Ksh.60, 874 for underpayment of wages, service gratuity at 10 percent of the basic pay equivalent to Ksh.1757.20.

The former security guard also wanted a 12 months’ salary compensation for unlawful termination at Ksh.210,874 and a further declaration that his sacking was unlawful.

During the case hearing, however, it emerged that the plaintiff was paid an additional Ksh.3,000 per month for the extra duties of milking cows.

Justice Ongaya, in his ruling, noted that the plaintiff’s contract term lapsed and there was termination by effluxion of the contractual term.

He further termed Nolpoor’s alleged unfair termination as misguided, saying: “The prayer for declaration of unfair termination and compensation are declined.”

The judge further ruled that the contract having been for a fixed tenure of one year, the claim for pay in lieu of termination notice could not be allowed.

“The Court finds that parties were bound accordingly. The court further finds that the claims for under payment and house allowance were unjustified,” said Ongaya.

He also noted that Nolpoor had misrepresented the facts while claiming for payment, such as the fact that he was paid house allowance and that it was not true that he earned Ksh.9 000 a month.

Nolpoor, it was also discovered, did not also specifically plead the relevant minimum wage order applicable and how the computed figure was thereby arrived at.

“The claimant has failed to do so and the claims and prayers in that regard will fail. In conclusion judgment is hereby entered for the claimant against the respondent for payment of Ksh.1, 200,” said Onyaya.

The school was additionally ordered to issue Nolpoor with a certificate of service per section 51 of the Employment Act, 2007.